What is the project?

The Public Interest Advocacy Centre (PIAC) has gained access to dozens of previously classified and confidential documents relating to Australia’s involvement in the conflicts in Iraq and Afghanistan.  The documents were released to PIAC under freedom of information laws.

The documents reveal:

• the Australian Defence Force’s knowledge of, and role in, alleged abuse at Abu Ghraib prison in Iraq’
• the Australian Government policy of handing over detainees who had been captured by Australian forces to the US, without any conditions on their treatment 
• the fact that the Australian Government knew that the US had a number of secret detainees who were hidden from the International Committee of the Red Cross
• the fact that Australia contravened its international legal obligations in these matters. 

Many questions remain unanswered.  PIAC calls for a full and independent inquiry into the details surrounding Australia’s involvement in the conflicts in Afghanistan and Iraq.

How did PIAC get the documents?

PIAC gained access to the previously classified documents after lodging a Freedom of Information (FOI) request with the Department of Defence in June 2005.

PIAC sought access to documents relating to Australian Defence Force operations outside Australia. PIAC wanted to examine the way individuals who are suspected of being terrorists are apprehended, detained and transferred to other military or civil authorities outside Australia [pdf of FOI request available here].

The Department of Defence did not make a decision in response to PIAC’s request until August 2008.

The Department of Defence identified 222 documents that were deemed relevant to the FOI request, from 3000 that had been reviewed.

However, PIAC was given access to just 21 of the 222 documents. The Department of Defence claimed that 199 of the documents were fully exempt from disclosure because they affected national security, defence or international relations [pdf of DOD response available here].

The Department of Defence delayed granting PIAC access to the 21 documents until February 2009.

In April 2009, PIAC asked for a review of the Department of Defence decision not to release all the documents, as permitted under FOI law. As the Department of Defence did not respond, PIAC asked the Administrative Appeals Tribunal (AAT) to review the decision.

The Department of Defence acknowledged that a number of documents had been “inadvertently overlooked” when the original decision was made and that there had been poor record keeping.

PIAC succeeded in gaining access to a significant number of documents (approximately 160), which had previously been withheld.

Many of the documents the Department of Defence originally claimed were exempt from release were subsequently released to PIAC.

Some parts of the documents were released to PIAC with extensive redactions. These documents were subsequently re-released with previously redacted sections revealed.  By comparing the two versions of the documents it was clear that some of the Department of Defence’s claims over the redacted material were not strong. 

Why did the Public Interest Advocacy Centre make the FOI request?

The Public Interest Advocacy (PIAC) is committed to ensuring that Australian Governments are accountable and transparent. Freedom of information laws are an important tool for ensuring government accountability and transparency.

PIAC is concerned that the Australian Government and the Australian Defence Force abide by international laws governing armed conflict and the treatment of prisoners of war.

PIAC wanted to ensure that the Australian Defence Force has appropriate policies and procedures to ensure that its personnel do not commit or are complicit in acts of torture or degrading treatment of prisoners.

PIAC has monitored closely the Government’s implementation of anti-terrorism legislation and policies and has commented extensively on legislative proposals and changes in policy. 

By making the FOI application and publishing the documents on this website, PIAC seeks to ensure that the Australian Government is accountable for its decisions about its operations in the Iraq and Afghanistan conflicts.

Will new FOI laws make government more transparent?

In November 2010, Australia’s freedom of information laws changed. One of the goals of the reforms was to create a culture within government that encouraged transparency and the disclosure of documents.

However, existing exemptions for the security, the defence and the international relations of the Commonwealth remain in amended laws. The Department of Defence relied on these exemptions to refuse PIAC access to documents.

An additional exemption was introduced under the amended laws. The exemption will allow the Department of Defence to refuse access on the basis of operational intelligence. This seems to broaden the grounds of exemption for defence-related documents and may result in fewer documents being released under freedom of information laws in the future.

PIAC continues to monitor Australia’s freedom of information laws and to test their scope and operation.

Support

Financial support for the Public Interest Advocacy Centre (PIAC) comes primarily from the NSW Public Purpose Fund and the Commonwealth/State Community Legal Services Program.

Triennial funding from the NSW Public Purpose Fund supports PIAC to undertake its core work and run the Homeless Persons’ Legal Service (this service is a joint initiative of PIAC and the Public Interest Law Clearing House).

Legal Aid NSW administers both the Public Purpose Fund grant and the Community Legal Services Program grant.

PIAC also receives income from project and case grants, training, seminars, consultancy fees, donations and recovery of costs in legal actions.

Support for this project

Support for this project on military accountability is generously provided by a number of individuals. In particular, PIAC acknowledges the dedication of a large number of PIAC staff both past and present, and PIAC’s pro bono counsel, Mark Polden.